The hand-held breath test, which is expected to become available in February, can detect a presence of THC on the breath for up to two hours after use. (Credit: courtesy photo)

Six months after New York State lawmakers voted to legalize marijuana use for medicinal purposes — and as pot laws become more relaxed across the U.S. — the availability of a breath analysis test to help determine if drivers are under the influence is that much closer. (more…)

A passenger in a car stopped for a traffic violation ended up being arrested Saturday with 2.5 pounds of marijuana, according to Southampton Town police.

Adelfri Calderon-Rojas, 24, of Central Islip, was a passenger in a car that was stopped for a traffic violation at 1:43 a.m. Saturday at the intersection of Flanders Road and Flanders Boulevard in Flanders. (more…)

COURTESY PHOTO | Governor Andrew Cuomo delivers the State of the State Jan. 8, where he formally announced plans to launch a medical marijuana research program.

Gov. Andrew Cuomo’s announcement of plans to launch a pilot medical marijuana research program came as encouraging news to some but worried others, with both sides seeing it as New York State inching closer to the possible legalization of marijuana.

The announcement, made last Wednesday during the governor’s State of the State address, described the pilot program as a way to evaluate the effectiveness of a statewide medical marijuana system by allowing eligible participants to legally seek relief from pain and discomfort.

“Research suggests that medical marijuana can help manage the pain and treatment of cancer and other serious illnesses,” Mr. Cuomo said in his speech. “Twenty states have already started to use it.”

Mr. Cuomo said he will use an executive order to revive the Antonio G. Olivieri controlled substances therapeutic research program, which was established by law in 1980 and discontinued soon after, and allow up to 20 hospitals to dispense marijuana to approved patients suffering from cancer and other serious illnesses.

It is unclear whether any local hospitals, including state-run Stony Brook University Hospital, would be among those in the program.

While praising Mr. Cuomo’s decision to come out in support of medical marijuana, advocates have concerns about the feasibility of such a program — many stemming from the limitations of the outdated 1980s law as well as federal law, under which marijuana remains illegal.

“Back then we didn’t have the experience we have now within the other 20 states” that have legalized medical marijuana programs, said Evan Nison, co-founder and director of the New York Cannabis Alliance, which works along with Compassionate Care NY and the Drug Policy Alliance toward the legalization of medical marijuana.

“We’re sort of starting from ground zero, from the bottom floor when there are states around us that have skyscrapers, if you will, that we can learn from,” he said.

Mr. Nison said Cuomo’s program relies on the ability of participating hospitals to dispense the medical marijuana, however “there are very large concerns that the hospitals cannot participate in these studies because of the federal regulations.”

Most hospitals rely on federal funding, he noted, adding that there could be issues with insurance as well.

“We’ve seen in other states that have tried to involve hospitals in medical marijuana programs that they are just unwilling — and rightfully so, because they would have a lot to lose under the federal law,” Mr. Nison said.

Advocates feel the governor’s proposal is simply a first step rather than a solution to providing a suitable program and has yet to specify which patients would be eligible, which hospitals would participate and where those hospitals would get the marijuana.

According to the 1980 legislation, found in Section 3397 of the state’s public health law, the program must be limited to cancer patients with cancer, glaucoma and other diseases approved by the health commissioner. But the legislation also says it “shall be limited to such patients who are involved in a life-threatening or sense-threatening situation.”

The law suggests that marijuana could be obtained through the federal government — which is not a possibility since the drug is outlawed — or from local law enforcement agencies. But Mr. Nilson said using marijuana confiscated from street crimes “isn’t a suitable, or safe solution for patients, or anyone” — and health experts agree.

Mr. Nison added that under Mr. Cuomo’s plan, the drug could not be obtained from states where it is legally grown.

Since there is an obvious dearth of available, safe marijuana in New York, plant growers and cultivators are already looking at production possibilities in the state.

“The New York market is one of the premier markets that we are looking at,” said Derek Peterson, chief operating officer of Terra Tech Corp., an all-natural hydroponic food producer that cultivates marijuana for both medicinal and recreational purposes.

“Our hope would be that we can make a capital investment in New York, open a new facility in there and get it up and operating to provide medical cannabis, whether it is through this program or hopefully a more broadened-out law in the future,” Mr. Peterson said.

Terra Tech Corp. uses greenhouses with supplemental lighting to grow everything from herbs and lettuces to medical-grade marijuana and employs all-natural processes — even using lady-bugs for pest management as a substitute for synthetic pesticides.

“The bottom line is you’re consuming it and putting it in to your body,” Mr. Peterson said. “So I think consumers are really going to start paying attention to where their medicine is actually grown. If you’re going to have a program in place, let’s make sure it’s one that is not only economically friendly but environmentally friendly as well.”

Mr. Peterson said he believes politicians are beginning to understand the economic impact marijuana production can have, in terms of not only job creation but tax capture as well.

As an example, Mr. Peterson said, the company paid about a $1.5 million in taxes last year for sales in Oakland, Calif., alone — with about $500,000 going directly to the city’s general fund thanks to a 5 percent special purpose tax that was added to sales of medical cannabis on top of the state’s 10 percent sales tax.

As to interest in a Long Island production facility, Mr. Peterson said it would be a “no-brainer.”

Dr. Brian Durkin, director of the Center for Pain Management at Stony Brook University Medical Center, said that — if administered in the right dose using the right varieties — marijuana may be an effective treatment for patients in some select cases.

Patients suffering from nausea and anxiety benefit from the tetrahydrocannabinol (THC) found in marijuana, while those suffering from pain benefit from the cannabinoid in the plant, Dr. Durkin said, adding that “not all marijuana is the same.”

“The way it’s grown depends on how much cannabinoid effect it has verses THC effect,” he said. Usually the amounts of each are inversely proportional, meaning the lower the THC the higher the cannabinoid level in the plant.

“They have shown that mild doses of marijuana with a strong cannabinoid effect can be effective for mild to moderate pain, but higher doses tend to make pain worse,” Dr. Durkin said, referring to a research study completed by University of California’s Center for Medicinal Cannabis Research.

Dr. Durkin said he believes more work needs to be done in the interest of supplying patients with a safe, quality-controlled form of marijuana.

“There’s a place for this, I’m sure, in medicine and I think the proper way to do that is just like all other medications that are available for use — they should go through clinical trials and be tested in a controlled environment to see if it is effective or not. If it is effective it should be marketed just like all other medications in the United States,” he said.

Currently, cancer patients must rely on opioids for pain relief, which Dr. Durkin says bring with them significant side effects.

“The problem with opioids is that we get tolerant of them, making them less effective over time,” he said, adding that opioids also have cognitive effects and that overuse can cause patients to stop breathing.

According to Dr. Durkin, 50 percent of U.S. patients who die of cancer do so with moderate to severe pain.

“The stuff we have available now, it is not optimal,” he said.

Cancer patients suffering from nausea and loss of appetite can benefit from one of two U.S. Food and Drug Administration approved medications that use synthetic equivalents to mirror the medicinal benefits of marijuana, according to the manufacturers’ websites.

Physicians caring for cancer patients suffering from nausea and vomiting associated with chemotherapy treatment can prescribe Cesamet (nabilone), which offers a man-made substitute for THC.

AIDS patients suffering from poor appetite and weight loss can be prescribed Marinol (dronabinol), which also contains a man-made THC substitute.

No approved marijuana-related options are currently available for patients seeking pain relief, Dr. Durbin said, though he noted that one may be on its way.

The oral spray Sativex, which is derived from extracts of the marijuana plant itself (rather than a synthetic version), is currently in Phase 3 of clinical trials, testing its effectiveness in treating pain in cancer patients. It is also marketed to treat spasticity in multiple sclerosis patients, according to its developer, GW Pharma. Sativex would be the first FDA-approved drug using extracts taken from the plant itself.

The Republican-controlled state Senate has thus far blocked legislation authorizing a state medical marijuana program in New York. And the North Fork’s two elected state leaders have concerns about Mr. Cuomo’s proposed program, saying it needed to be thoughtfully planned out before taking effect.

“I want to see the language and I want to see how restrictive it will be,” said Senator Kenneth LaValle (R-Port Jefferson). “These things begin to create a slippery slope, and there are already people out there, to use a Christmas analogy, that have sugar plums dancing in their heads, as to where this could go.”

Mr. LaValle said he had visited California, where medicinal marijuana is legal, and took time to see a marijuana industry in high-gear.

When asked whether New York should model its laws on California’s, he said, “Don’t count me in on that. No, no, no. I would say that the vast majority of people are OK with compassionate care in a very restrictive environment, in a very restrictive way, but beyond that it is not something that I would support.”

Assemblyman Anthony Palumbo (R-New Suffolk) said, “If there is a medical benefit I think it needs to be very particularly and specifically described, prescribed and proven before we even consider such a measure in New York State.”

A former prosecutor, Mr. Palumbo also spoke of the effects drug abuse and drug use can have on a society and said more research needed to be done.

Riverhead Police Chief David Hegermiller said he had some questions about Mr. Cuomo’s proposed research program.

“If there is a legitimate reason to use marijuana medically, who is overseeing usage to see that it’s used appropriately and not abused? All those [kinds of] questions needs to be answered,” he said.

But Chief Hegermiller said he didn’t see any such program affecting police work at the street level. As far as policing the use of medical marijuana, the chief said he imagined it would be enforced the same way other prescription medications are.

North Fork residents voiced varied opinions on the possibility that New York State could join Colorado and Washington in the marijuana movement. Several who were interviewed by a reporter — most of whom did not give a name — offered comments ranging from “those states are disgraceful” to “it is a naturally occurring plant that comes from the earth that is a healthy if not a healthier alternative to pain management options.”

Mr. Nison, the medical marijuana advocate, said, “If the governor or the state Legislature makes [Mr. Cuomo’s proposal] out to be the solution, or treats this as the solution, we will not have a suitable program in New York.

“Patients will not have access to anywhere near the quality of medicine that they need,” Mr. Nison said, “and patients will probably continue to move out of state, to places like Colorado.”

In his State of the State address Wednesday, Gov. Andrew Cuomo announced plans to make marijuana available in 20 New York hospitals for patients with cancer, glaucoma and other illnesses. An executive order creating an interim medical marijuana program could allow him to bypass the state Senate, which has been blocking medicinal marijuana legislation efforts.

This is welcome news for those seeking relief from pain and discomfort caused by illness. It’s also promising for those who consider this an important step toward modernizing state marijuana laws by taxing and regulating its sale and use, as with alcohol and tobacco. Our current system has done much more harm than good, most notably through the imprisonment and restrictive criminal records of countless non-violent offenders over the course of decades — not to mention the violent drug trades the laws have helped create.

Historic references to marijuana as treatment for various ailments go back thousands of years, and even today approximately 76 percent of doctors worldwide sign off on medical uses where it is legally available, according to survey findings recently published in the New England Journal of Medicine. Marijuana can be used to treat more ailments than prednisone, for example, yet isn’t nearly as harmful to the body. Something seems amiss when we live in a state where morphine is legal for medicinal use but marijuana isn’t. This contradiction can be explained by the fact that marijuana became a scapegoat drug beginning in the early 20th century — fueled by headline-grabbing politicians — without evidence to prove any real dangers or benefits. The argument that has evolved since holds that marijuana, though itself not especially dangerous, is a gateway drug that leads to other drug use. Prominent experts debunk this theory again and again, pointing out that marijuana is predictably the first illicit drug chosen by people who go on to use other drugs only because it’s the most readily available. In fact, most people consume alcohol before ever using marijuana.

Relaxing marijuana laws isn’t just something being promoted by those on the left. Fiscal conservatives point to the huge amount of money and resources being wasted on policing, prosecuting and imprisoning offenders. Many people readily recognize that marijuana use in and of itself does not infringe upon others’ health or safety, thus its use should be a personal choice and no business of the government’s. An exception would be the operation of a vehicle after having used marijuana, which is still illegal even in Colorado and Washington State, where recreational marijuana use has been decriminalized.

In the new year, New York State lawmakers, especially Senate Republicans, should rethink their knee-jerk stances against pot and pass a law that permit medical uses of marijuana. They should also reconsider the real benefits of proposed tax-and-regulate legislation versus the real costs — and imagined benefits — of the status quo.

A box of weed shipped from California was intercepted at the Riverhead Post Office last week, postal service officials confirmed Wednesday.

The package was pulled out of the mail at the post office on West Main Street in the early afternoon last Wednesday after the parcel “exhibited characteristics that lead us to believe that package was suspicious,” said Donna Harris, a spokesperson for the U.S. Postal Inspection Service, the postal service’s law enforcement and security arm.

Ms. Harris said it was “pretty evident” the package contained illegal substances and a subsequent investigation revealed marijuana had been packed inside the parcel. She did not say how much drugs were discovered in the package.

A source in the postal service said the package had been mailed from California into New York. The parcel’s intended destination was not released by postal officials.

Ms. Harris said the incident is still under investigation, though no arrests have been made in the case.

Mailing marijuana through the mail is a crime and may be federally prosecuted depending on the amount shipped, Ms. Harris said.

“If they put anything in the mail stream that’s illegal and it’s discovered we will take every step we can to make sure we get it out of the mail stream and if necessary prosecute and bring to justice those who [broke the law],” she said.

New York State police said a Riverhead man admitted to having 129 grams of marijuana after a traffic stop on Route 25 Tuesday night in Riverhead.

According to police, a white Hyundai was pulled over for speeding about 9:50 p.m., and an officers said they smelled the drug emanating from the car after interviewing the driver.

The front seat passenger in the car – Korey Duff, 28 – admitted the pot was his, police said, and was charged with fourth-degree criminal possession of marijuana, a misdemeanor. State police said he’s due in Riverhead Justice Court on the charge at the end of the month.

PAUL SQUIRE PHOTO | Police said they found nearly 1,700 marijuana plants worth $3.8 million on this property on Osborn Avenue.

A Riverhead man is being held in jail for his alleged role in running a multi-million dollar marijuana operation out of his Osborn Avenue home, according to a news report and court sources.

Law enforcement officials with the Internal Revenue Services Criminal Investigation unit and Suffolk County police raided the house of 70-year-old Edward Dispirito Tuesday, according to an article in Newsday.

Officers found 1,689 marijuana plants worth $3.8 million at the property, the article states. Mr. Dispirito is also alleged to have tapped into Long Island Power Authority lines to steal $275,000 worth of electricity.

Mr. Dispirito and Seaford resident James Ford, 55, were arrested and charged with conspiracy to distribute marijuana, the report states.

Both men appeared before Magistrate Judge Kathleen Tomlinson at the U.S. District Court in Central Islip Tuesday, according to a court source.

Mr. Ford was released on $450,000 bail secured using his house and help from his sister, the source said. Mr. Dispirito will go before a magistrate on Friday for his bail hearing.

No one answered the door at Mr. Dispirito’s two-story residence in Riverhead Tuesday morning. Court documents related to the case were not available to be reviewed online or in-person due to the federal government shutdown.